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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed that the petitioner be granted liberty to file an application under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized truck, and the Collector must decide the application within four weeks and pass a reasoned order within another four weeks.

Summary

The petitioner, Vishal Kumar, filed a writ petition seeking an order directing the Collector‑cum‑District Magistrate of Saran to release his truck seized for alleged involvement in the recovery of 555.78 litres of illicit liquor. The seizure was made under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The Court held that the petitioner, as the owner, is entitled to file an application under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of the prescribed penalty. The Court granted the petitioner liberty to file such an application within four weeks and directed the Collector to decide it on merits and pass a reasoned order within another four weeks. The writ petition was consequently disposed of on these terms.

Issues considered

  • Whether the Collector‑cum‑District Magistrate can be directed to release a vehicle seized under the Bihar Prohibition and Excise Act, 2016 pending the filing of an application under Rule 12(A) of the Rules, 2023.
  • Whether the petitioner, as the owner, is entitled to liberty to seek release of the seized truck upon payment of penalty.

Legislation cited

Subjects

  • writ petition
  • seizure of vehicle
  • illicit liquor
  • excise law
  • Rule 12(A)
  • provisional relief
  • collector-cum-district magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1818 of 2026
                 ======================================================
                 Vishal Kumar Son of Jagannath Mahto, Resident of village- Pokhraira, P.O. -

                 Giddha, Pokhraira, P.S. - Kajra, District- Muzaffarpur, State - Bihar.



                                                                               ... ... Petitioner/s

                                                      Versus

           1.    The State of Bihar through the Principle Secretary, Registration, Excise and

                 Prohibition Department, Government of Bihar, Patna.
           2.    The Principle Secretary, Registration, Excise and Prohibition Department,

                 Government of Bihar, Patna.
           3.    The Collector-cum-District Magistrate, Saran.
           4.    The Superintendent of Police, Saran.
           5.    The Superintendent of Excise, Saran.
           6.    The Station House Officer of Bheldi Police Station, District- Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Hemant Ray, Advocate

                 For the Respondent/s   :        Mr. K.P. Gupta, G.P.-10

                                                 Mr. Deeparjali Gupta, AC to GP-10

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026                    The present writ petition has been filed for directing

                   the learned Collector – cum – District Magistrate, Saran at

                   Chapra to release the truck of the petitioner bearing Registration

                   No. JH02T8038, Chassis No. MAT466404B2E12528, Engine
Patna High Court CWJC No.1818 of 2026(2) dt.23-02-2026
                                            2/3




          No. B591803111E63139880 which has been sized on account of

          recovery of 555.780 litres of illicit liquor leading to the

          registration of Bheldi P.S. Case No. 282 of 2025 dated

          26.10.2025 under Section 30(a) of the Bihar Prohibition and

          Excise Act, 2016 (hereinafter referred to as “the Act, 2016”) and

          Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023

          against one Rajesh Kumar Yadav and unknown owner of the

          truck in question.

                      2. The learned counsel for the petitioner submits that

          the petitioner is the owner of the truck in question, hence he be

          granted liberty to file appropriate application under Rule 12(A)

          of the Bihar Prohibition and Excise (Amendment) Rules, 2023

          (hereinafter referred to as “the Rules, 2023”) for release of the

          aforesaid vehicles in question upon payment of penalty. Liberty

          so sought is granted.

                      3. It is needless to state that in case appropriate

          petition is filed by the petitioner under Rule 12(A) of the Rules,

          2023 within a period of four weeks from today, the learned

          Collector – cum – District Magistrate, Saran at Chapra/ the

          authorized officer shall consider the same on merits and pass a

          reasoned and a speaking order in accordance with law within a

          period of four weeks, thereafter.
         Patna High Court CWJC No.1818 of 2026(2) dt.23-02-2026
                                                     3/3




                               4. Accordingly, the present writ petition stands

                   disposed of on the aforesaid terms.



                                          (Mohit Kumar Shah, J)


                                           (Alok Kumar Pandey, J)
alok/-

U


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